Prosecutors charged Dickie Scruggs and Zach Scruggs with multiple crimes, and as part of plea bargaining, they pled guilty to honest services fraud. Zach previously unsuccessfully used the Skilling decision in an attempt to undo his guilty plea, and Alan Lange predicts that Dickie Scruggs's similar effort will come to naught, but imagines that Scruggs is hoping for positive PR implications.

But under our legal system, there's no penalty for, and thus no downside to, wasting a court's time with a motion with a 0.1% chance of success.